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Malik Robinson

Can you get unemployment for getting fired in Washington state?

I just got terminated from my job yesterday and I'm not sure if I can file for unemployment benefits. My supervisor said I was let go for 'performance issues' but I think it was really because I complained about safety violations at our warehouse. Does Washington ESD approve claims when you get fired? I've never been through this process before and I'm really stressed about paying my bills.

Yes, you can get unemployment even if you were fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless you were deliberately not doing your job.

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That's a relief to hear. What exactly counts as misconduct? I was always trying my best at work, just had some issues with the new computer system they installed.

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Misconduct is stuff like stealing, violence, chronic tardiness after warnings, or willfully violating company policy. Technical difficulties or learning curves aren't misconduct.

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File your claim right away! Don't wait. Even if your employer contests it, you should still apply. I got fired for 'attitude problems' last year and still got approved for benefits after they investigated.

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How long did the investigation take? I'm worried about waiting weeks without any income.

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Mine took about 3 weeks. They call it adjudication - basically they contact your employer and get both sides of the story before deciding.

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The fact you mentioned safety violations is important. If you were fired for whistleblowing or reporting legitimate safety concerns, that could actually strengthen your unemployment claim. Washington has protections for workers who report safety issues.

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I did file a complaint with L&I about the safety issues before I got fired. Should I mention that when I file my unemployment claim?

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Absolutely mention it. That timeline could be crucial - if they fired you shortly after your safety complaint, it might be retaliation.

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This happened to my brother! He got fired a week after reporting unsafe conditions and Washington ESD approved his claim immediately. Document everything!

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Look, getting through to Washington ESD by phone is a nightmare right now. I've been calling for weeks about my own claim issue. If you need to talk to someone urgently about your situation, there's a service called Claimyr (claimyr.com) that can actually get you through to an agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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Is that legitimate? I've never heard of paying someone to help you call a government agency.

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Yeah it's real. They basically handle the calling and waiting for you, then connect you when an agent picks up. Saved me hours of frustration.

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I was skeptical too but tried it last month when I couldn't get through about my adjudication. Worked perfectly and the agent was able to explain exactly what was holding up my claim.

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ugh the whole system is so confusing. I got fired too but for being late too many times (my fault) and they still approved my claim. I think as long as you weren't stealing or fighting you're probably ok?

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Chronic tardiness can be misconduct, but it depends on whether you received proper warnings and had a chance to improve. Sounds like they didn't consider yours severe enough.

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yeah I only got written up once and then they fired me like a week later so maybe that wasn't enough warnings

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When you file online at secure.esd.wa.gov, be honest about being terminated but focus on the facts. Don't admit fault or use emotional language. Just state what happened objectively - you were terminated for performance issues while you were learning new systems.

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Should I mention the safety complaint thing right in the initial application or wait to see if they contact me?

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I'd mention it in the initial application. There's usually a section for additional information or comments where you can briefly note the timeline.

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Whatever you do, don't let your employer intimidate you into not filing. Some companies try to scare people by saying they'll 'fight' the claim, but that's their right and it doesn't mean you shouldn't apply.

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My ex-supervisor did say something about contesting it if I applied. That worried me.

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That's just them being jerks. Let them contest it - if you did nothing wrong, you'll win the adjudication. Don't let them bully you out of benefits you deserve.

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Exactly! My employer contested mine too and I still got approved. Washington ESD looks at the facts, not just what the employer claims.

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Quick update - I filed my claim this morning online. It was easier than I expected. Now it says I need to wait for them to process it and they might contact me for more info. Thanks everyone for the encouragement to just go ahead and file!

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Good job! Make sure you file your weekly claims even while they're processing your eligibility. You can get backpay if you're approved.

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Smart move. Keep documenting everything related to your termination and that safety complaint. You might need those records if it goes to adjudication.

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Since you mentioned having trouble with new computer systems, that's definitely not misconduct. I work in HR and we see this all the time - companies fire people during learning curves and call it 'performance' but Washington ESD usually sides with the worker.

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That makes me feel better. I really was trying to learn the system but it was completely different from what we used before.

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Exactly. If they didn't provide adequate training time or support, that's on them, not you. Document any training issues you had.

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Just want to add that if Washington ESD does contact you for an interview during adjudication, be prepared to explain your side clearly. Write down the key points beforehand so you don't forget anything important.

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What kind of questions do they usually ask in those interviews?

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They'll ask about the circumstances of your termination, what your employer told you, whether you received warnings, and your version of events. Just be honest and factual.

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wait I'm confused, do you have to keep filing weekly claims while they're deciding if you're eligible? I thought you only started that after getting approved

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Yes, you need to keep filing weekly claims during adjudication. If you're approved, you can get backpay for those weeks. If you don't file them, you lose those weeks forever.

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oh crap I didn't know that. I've been waiting two weeks for them to decide on mine and haven't filed any weekly claims

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For anyone reading this thread who needs to talk to Washington ESD about their fired-for-cause situation, I had good luck with that Claimyr service someone mentioned earlier. Worth checking out if you can't get through on your own.

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Yeah, especially for complex situations like potential retaliation firings. Sometimes you really need to talk to a human to explain the full context.

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I might look into that if I don't hear back from them soon. Thanks for the recommendation.

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One more thing about the safety complaint angle - keep any documentation you have about reporting those violations. Emails, photos, witness statements, anything. If this goes to an appeal hearing, that evidence could be crucial.

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I do have the L&I complaint number and some photos I took of the unsafe conditions. Should I send those to Washington ESD proactively?

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Hold onto them for now. If they schedule an adjudication interview, that's when you'll want to mention them. Don't overwhelm them with documents upfront.

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The waiting is the worst part. I was so stressed during my adjudication period. But remember that most people who get fired for performance reasons (not misconduct) do get approved eventually.

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That's reassuring. I keep second-guessing whether I should have filed or not.

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You absolutely did the right thing filing. Even if you weren't sure, it's better to apply and get denied than not apply at all.

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From an HR perspective, companies often use vague terms like 'performance issues' when they want to avoid paying unemployment taxes. But Washington ESD looks deeper than just the employer's stated reason.

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This! So many employers think they can just say 'performance' and automatically block unemployment. Doesn't work that way.

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Good to know they actually investigate rather than just taking the employer's word for it.

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OP, since you filed this morning, you should get some kind of determination notice in the next week or two. If it's approved right away, great! If it goes to adjudication, don't panic - that's normal for contested claims.

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Will they email me or send physical mail? I want to make sure I don't miss anything important.

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Check both. They usually send official notices by mail but you might get emails too if you signed up for notifications in your eServices account.

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this whole thread has been super helpful. I had no idea there was so much nuance to the whole 'fired vs quit vs laid off' thing with unemployment

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Yeah, it's not as black and white as people think. Each case is different and Washington ESD actually does look at the specific circumstances.

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That's why it's so important to apply even if you're not sure. Let them make the decision rather than assuming you don't qualify.

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Hope everything works out for you OP. Keep us posted on what happens! And remember, if you need to reach Washington ESD about anything during this process, that Claimyr option is there if the regular phone lines aren't working.

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Will do! Thanks everyone for all the advice and support. This forum has been incredibly helpful during a really stressful time.

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That's what we're here for. Unemployment situations are tough enough without having to navigate the system alone.

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Final update for now - just got an automated email saying my claim is 'under review' and I should continue filing weekly claims. Guess I'm in the adjudication phase now. At least I know what to expect thanks to all your help!

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That's a good sign actually! If they were going to deny it outright for obvious misconduct, they probably would have done that already.

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Exactly. 'Under review' usually means they're doing their due diligence, not that there's a problem with your claim.

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Keep documentation of everything during this period. And don't forget to keep looking for work and logging your job search activities!

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